Most of us, as immigration advocates and practitioners, would like to continue in the wishful thinking that somehow, one way or another, America's legal immigration system - and our democracy - will survive Donald Trump's drive toward a white supremacist dictatorship. We would like to think that immigration life we are used to of H-1B, L-1, family and employment-based visas and green cards - and, for some applicants, the most important of all; EB-5 - will go on in one form or another.

The programs we are used to and which have made America a strong, welcoming, diverse nation of immigrants during the past half century - or most of it - may be bruised and battered; there may be increasing setbacks, delays irrationality, unfairness and injustice in the may they are carried out - but hey, we have never had a legal immigration system that works perfectly, and completely without unfairness, prejudice, discrimination, not to mention just plain incompetence and arbitrary actions by our officials.

So there may be difficulties now - we may have a president and top administration advisers who revel in making bigoted statements and imposing unfair and biased policies - if not actually illegal ones, at least according to numerous federal district and appeals court judges - but what else is new? At,least so the argument runs. The same complacency is normal in the face of the erosion of our democracy and separation of powers - the increasing tendency toward voter suppression and gerrymandering against minority, and therefore likely pro-immigrants voters - and the use of national emergency and other executive powers to nullify or evade the will of Congress on immigration.

These are blips and bumps on the road of democracy to be sure, but the underlying system is still there and will always remain no matter who is in the White House - so the conventional thinking runs. If we don't like a certain immigration policy or law, we can always write our Congressman - this is what we have been taught our entire lives. But what if there no longer is a functioning immigration system? And what is our Congressman (or Congresswoman) is in jail awaiting trial for "treason' - or being held without charges - for opposing our president's immigration agenda, whether it be a border wall or a total ban on legal immigrants from "shithole" countries.

With the expected appointment of anti-immigrant zealot and Steve King admirer Ken Cuccineli as the new head of USCIS, and Attorney General William Barr's threats to investigate or prosecute former FBI officials for their lese-majeste in investigating trump himself - something that Trump has called "treason" America could be witnessing the end of our legal immigration system and our democracy itself.

Will Cuccinelli and Barr ready to act as willing hatchet-men in Trump's war on legal immigration - and democracy - America may be about to become a white supremacist, fully fascist, state.

While most media reports are avoiding the real problem with Cuccenelli by focusing on irelevant or less important points such as that he once supported Senator Ted Cruz over Trump, or that he has no actial immigration experience, New York Magazine deails his appalling views on immigration a a May 21 article:

Trump to Appoint Atri-immigrant Crusader Ken Cuccinelli for Homeland Security Post

According to this story, while Cuccinelli was the Virginia A,G., he;

1) Supported an English-only rule in the workplace,

2) Supported the notoriously racist Arizona immigration law that was eventually struck down by the US Supreme Court,

3) Advocated repealing birthright citizenship, and

4) Expressed admiration for the most openly bigoted member of Congress, Representative Steve King (R-Iowa), who boasts that he is proud of his white supremacist views.

In short, Cuccinelli is an ideal choice to destroy USCIS entirely, along with the rest of America's legal immigration system, which is exactly what the USCIS employees union head is warning he will do.


See, CNN. March 28:

Union chief blasts Trump pick to head immigration agency.

There is good reason to be concerned about the flood of biased USCIS RFE's and denials which are now inundating our legal immigration system, in H-1B , L-1 and many other types of cases, making a mockery of due process and equal protection rights in legal immigration cases.

But what happens if USCIS shits down or stops accepting or processing legal immigration applications entirely? Anyone who doesn't think this could happen under a president who rants that "Our Country is full!" when nonwhite immigrants in any category try to come here hasn't been following the Trump regime's agenda of building visible and invisible walls of ant-immigtant hatred very closely.


But this could be only the beginning. What happens if the DOJ starts to investigate and prosecute anyone who opposes Trump's Whites only immigration agenda?

Attorney General William Barr is already threatening to investigate and possibly prosecute former FBI and other officials for daring to look into the many allegations of corruption and possible collusion and obstruction of justice by Trump and/or his closest associates, as detailed in the Mueller roprt that has finally become public.

Trump is meanwhile saying that anyone who investigates or opposes him is guildty of "treason".

Will immigrant-eights advocates one day soon be jailed and prosecuted for treason because they oppose Trump's authoritarian, white supremacist, immigration agenda?

Then we will have full-blown fascism in America. Our nation could already be heading in that direction.


Anyone who thinks that "It cant happen here" should ready the horrifying May 26 report in ThnkProgress:

Sarah Sanders says Trump's AG will decide whether Comey should be arrested.


Roger Algase
Attorney at Law